Hardin Bottom Residents Sue Highway Contractor

Posted on Aug 29, 2014 10:26am PDT

INEZ - Twelve residents of “Hardin Bottom,” Roy Bryant, Howard
Blackburn, Sue Blackburn, John Brown, Shirley Endicott, Ricky Endicott,
Christine Maynard, Lewis Maynard, Ada Hardin, Sheila Maynard, Marcella
Crum and Thomas Johnson, and three residents of Coldwater, Donald Ray
Fraley, Daisy Fraley and Darrell Fraley, filed a lawsuit Monday in the
Martin Circuit Court against Kokosing Construction Company and Brandywine
Explosives & Supply Company regarding alleged damages they have sustained
to their homes and properties from blasting activities connected to construction
of a new highway near their homes, which are located close to Sheldon
Clark High School. According to the suit, Kokosing Construction Company
is a Westerville, Ohio company and Brandywine Explosives & Supply
is a company located at Paris, Kentucky.

According to the suit, prior to the blasting actions complained about
in the case, “Hardin Bottom was a tranquil, peaceful and safe environment
located off the main road and along Coldwater Creek near Inez, a place
where the residents cherished their safe, rural and peaceful life.”

The suit alleges that the Plaintiffs lived near a mountain where the Defendants
have been blasting rock and that Defendants’ blasting activities
caused fly-rock and boulders to come onto their homes and properties.
The suit alleges that the Plaintiffs live close to Sheldon Clark High
School and that the Defendants’ blasting actions caused rocks and
boulders to impact the school. Exhibit A of Plaintiffs’ lawsuit
is a photo of large boulders in the parking lot at Sheldon Clark High
school which, the suit alleges, were “blasted” off the mountain
by Defendants onto the parking lot.

The suit also alleges that the “Defendants’ actions in causing
numerous rocks to fly onto Plaintiffs’ property (and onto Sheldon
Clark High School) show an egregious and unconscionable disregard for
the welfare and safety of Plaintiffs, their children and for the students
at Sheldon Clark High School.”

The suit further alleges that “Defendants’ intentional disregard
for the safety and property rights of Plaintiffs constitutes Gross Negligence,
for which Punitive Damages are appropriate.”

“This does not seem real,” John Kirk stated. Kirk’s
law firm and Jeff Hinkle represent the Plaintiffs. “It just does
not seem real. Where have we ever before seen a school have to close over
something like this? Hardin Bottom is very close to Sheldon Clark High
School and both places have been hit hard. These are my neighbors at Hardin
Bottom and Sheldon Clark is our high school from which both our children
graduated,” he added.